Are Re-newable Term Marriage Agreements legal, and being used by anyone?
The concept makes a lot of sense to me, requiring realistic dialogue and agreement before marriage, and provides for pre-determined no-fault divorce provisions if either party declines to renew. I think they would not only keep the marriage relationship ‘equal’ and ‘fresh’, but provide a ‘healthy’ and ‘respectable’ exit if/when it goes ‘stale’ and unsustainable; and hey, if they’re legal a lot of anguish and legal costs can be saved; but I think if in common use they would actually keep marriages more sustainable and ‘happy’. I’m particularly interested in hearing from folks who’ve tried it. (I’m not talking about a materialistic ‘pre-nuptual’ agreement primarily designed to protect ‘assets’ when going into the marriage, but one that’s predicated on the spirituality, sacredness, interdependence and ‘love’ in marriage as well.) I’m contemplating such an Agreement myself, so am keenly interested.
An agreement to divorce is enforcable only if the person signs the divorce papers that are filed with the court. A prior agreement for a no-fault divorce is not enforceable. Furthermore, because most states allow divorce based solely on irreconcilable differences, there is no need for an agreement. You can have a prior agreement for the distribution of assets ( a pre-nup) and those can be enforceable, but the divorce itself requires the action of the court and the agreement not to contest a future divorce will not be enforced by the courts.